§ 1177. Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation
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/usc/title-10/section-1177A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Medical Examination Required.—
(1)Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary who has been deployed overseas in support of a contingency operation, or sexually assaulted, during the previous 24 months, and who is diagnosed by a physician, clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise reasonably alleges, based on the service of the member while deployed, or based on such sexual assault, the influence of such a condition, receives a medical examination to evaluate a diagnosis of post-traumatic stress disorder or traumatic brain injury.
(2)A member covered by paragraph
(1)shall not be administratively separated under conditions other than honorable, including an administrative separation in lieu of court-martial, until the results of the medical examination have been reviewed by appropriate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the Secretary concerned.
(3)In a case involving post-traumatic stress disorder, the medical examination shall be performed by a clinical psychologist, psychiatrist, licensed clinical social worker, or psychiatric advanced practice registered nurse. In cases involving traumatic brain injury, the medical examination may be performed by a physician, clinical psychologist, psychiatrist, or other health care professional, as appropriate.
(b)Purpose of Medical Examination.— The medical examination required by subsection
(a)shall assess whether the effects of post-traumatic stress disorder or traumatic brain injury constitute matters in extenuation that relate to the basis for administrative separation under conditions other than honorable or the overall characterization of service of the member as other than honorable.
(c)Inapplicability to Proceedings Under Uniform Code of Military Justice.— The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice.
(Added Pub. L. 111–84, div. A, title V, § 512(a)(1), Oct. 28, 2009, 123 Stat. 2280; amended Pub. L. 112–239, div. A, title V, § 518, Jan. 2, 2013, 126 Stat. 1720; Pub. L. 113–66, div. A, title V, § 522, Dec. 26, 2013, 127 Stat. 755; Pub. L. 114–328, div. A, title V, § 524, Dec. 23, 2016, 130 Stat. 2116.)
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Cited by 2 sections
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- Public Law 104–133To amend the Indian Self-Determination and Education Assistance Act to extend for two months the authority for promulgating regulations under the Act
- Public Law 104–106To authorize appropriations for fiscal year 1996 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, to reform acquisition laws and informa
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- Pub. L. 111–84, div. A, title V, § 512(a)(1)
- 123 Stat. 2280
- Pub. L. 112–239, div. A, title V, § 518
- 126 Stat. 1720
- 127 Stat. 755
- 130 Stat. 2116
- Pub. L. 103–337, div. A, title V, § 560(a)(1)
- 108 Stat. 2777
- Pub. L. 104–106, div. A, title V, § 567(a)(1)
- 110 Stat. 328
- Pub. L. 104–134, title II, § 2707(a)(1)
- 110 Stat. 1321–330
- Pub. L. 112–239, § 518(1)
- Pub. L. 112–239, § 518(2)
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§ 1177
Members diagnosed with or reasonably asserting post-traumatic stress disorder or traumatic brain injury: medical examination required before administrative separation
Stat.×2
Pub. L.Pub. L. 111–84, div. A, title V, § 512(a)(1)
Stat.123 Stat. 2280
Pub. L.Pub. L. 112–239, div. A, title V, § 518
Stat.126 Stat. 1720
Stat.127 Stat. 755
Cites 16 · showing 7Cited by 2 across 1 source